(a) Policy. The facility CEO may make facility resources available to the public at large whenever it can do so without compromising the department's primary mission.
(b) Requesting permission. The Facility/Premises Use Request form, which is in the TDMHMR Contracts Manual, must be completed and submitted to the facility CEO.
(c) Criteria for approving requests. The facility CEO may approve or disapprove the use of facility resources based on whether:
  (1) the organization agrees in writing to abide by all rules and regulations established by the facility CEO regarding the use facility resources and that its meetings in no way interfere with or disrupt the delivery of services to the individuals mental illness or mental retardation;
  (2) the event does not conflict with any of the facility's scheduled events, programs, or priorities;
  (3) the event is consistent with the physical constraints of the resources to be used;
  (4) the facility can provide the services for the time period requested; and
  (5) the event does not conflict with the best interests of the facility or individuals.
(d) Facility resource use fee. Any non-commercial group may be charged a facility resource use fee according to the Facility Resource Use Fee Schedule, which is in the TDMHMR Contracts Manual.
(e) Revoking permission. Permission granted pursuant to such a request continues until revoked by the facility CEO. The non-commercial group must immediately notify the facility CEO of any change in the information stated in its written request for permission to use the facilities.
(f) Advertising. If language clearly reflects that the facility is not sponsoring or promoting the event is included in the copy, the facility's name may be used to advertise the location of the activities. The facility CEO may require that a proof of the advertising copy be submitted for approval and may require the a disclaimer, e.g., (facility name) is not a promoter or sponsor of this event. No inference of support can be drawn because of the event's location.
(g) Liability. Any non-commercial group or any member thereof using facility resources is liable for any destruction or damage to the resources. The department is not liable for any injury to any person or for the loss of or damage to the property of any person, organization, or group using facility resources.
(h) Required documentation. As described in the TDMHMR Contracts Manual and this subchapter, if the request is for an athletic or sporting event, a water-related activity, overnight use, or an event that is open to the public at large or attendance is expected to exceed 25 or more people, then the requestor by no later than 72 hours prior to the event must:
  (1) execute a license and use agreement;
  (2) execute a waiver and indemnity agreement; and
  (3) obtain general liability insurance in an amount sufficient to cover TDMHMR's potential liability (as established on the Facility/Premises Use Request form), with the Texas Department of Mental Health and Mental Retarded and/or its successors listed as an additional insured; and
  (4) submit the use and indemnity agreements and proof of insurance to the facility CEO.

Source Note: The provisions of this §417.14 adopted to be effective October 6, 2002, 27 TexReg 9152